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Early this year the European Parliament, the Council and the Commission proclaimed that everyone should be able to determine their digital legacy, and decide what happens with their personal accounts and information that concerns them after their death, a declaration that paves the way for post mortem protection of personal data at the EU level. The paper discusses the digital legacy in view of the respect owed to the dead and assesses the challenges that may arise from consecrating a right to digital legacy for businesses that process personal data of deceased persons. The article argues that the effectiveness of the right to decide what happens with personal data after death is - at least from a civil law perspective - an expression of the respect due to the dead as to their memory. It also contends that a future regulation should cover the situation when the deceased persons did not determine what happens with their data. Furthermore, the paper highlights the importance of technical and organisational measures to be implemented by all businesses that sooner or later are going to process information that concerns the living after their death. [ABSTRACT FROM AUTHOR]

Copyright of MEMLEKET: Politics & Administration / Siyaset Yönetim is the property of Local Governments Research, Assistance & Education Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Linguistic Landscape: An International Journal (LL) is the property of John Benjamins Publishing Co. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Act of 5 July 2018 on the National Cybersecurity System and its accompanying executive regulations have introduced into Polish law the provisions of the Directive of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (UE) 2016/1148. The fundamental reason for these regulations was to establish a coherent system to ensure the cyber security of the Republic of Poland with accordance to standards adopted for European Union Member States. This paper presents the legal situation of operators of essential services and digital service providers that was created by the provisions of the ANCS. The ANCS not only identifies operators of essential services, digital service providers, and their assigned obligations, but also addresses the competent authorities' tasks of supervising, inspecting and imposing penalties within the cyber security system. The findings, assessments and conclusions presented here are based on the interpretation of the provisions of the ANCS and are supported by prominent claims of academic representatives. The analyses contained within this paper aim to show that despite the comprehensible and contemporary ratio legis -- which falls within the framework of pursuing the state of digital safety -- the provisions of the ANCS require adjustments that acknowledge the legal situation of operators of essential services and digital service providers. [ABSTRACT FROM AUTHOR]

This article emphasizes the crucial significance of personal data and the potential dangers arising from its unauthorized processing, which can violate an individual's basic rights and freedoms. To address these worries, the European Union has implemented a comprehensive regulatory structure, widely recognized as the General Data Protection Regulation (GDPR). In the domain of data privacy and security, personal data is defined as encompassing any information with the capacity to identify an individual, whether it be anonymized, encrypted, or pseudonymized data. The regulatory purview of GDPR spans all modes of data processing, automated or manual, and remains indifferent to the storage medium or technology employed. Illustrative examples of personal data comprise an individual's name, identification number (like a CNP), location data (such as GPS coordinates), online identifiers (for instance, specific types of cookies), and a diverse array of attributes pertaining to an individual's physical, physiological, genetic, psychological, economic, cultural, or social identity. This classification also encompasses information such as IP addresses, email addresses, or residential addresses. It is of utmost importance to acknowledge that personal data, whether examined in isolation or in conjunction with other data elements, retains the potential to unveil the identity of an individual. This paper expands the scope of analysis to critically assess the multifaceted implications of GDPR within the contemporary landscape of data privacy and security, with a specific focus on its relevance within the realm of management practices. The examination encompasses an indepth exploration of the foundational principles of GDPR, its legal framework, and its global impact across businesses, individuals, and regulatory bodies. Additionally, the study delves into the complexities associated with GDPR compliance, illuminating the evolving dynamics of data protection within an increasingly digitized world. It emphasizes the essential role played by effective management strategies in addressing these challenges. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to explore the prevalence of undeclared activities conducted on digital labour platforms, and then to discuss what policies are likely to be more effective in order to prevent the growth of the informal activities on these platforms. Design/methodology/approach: To depict the profile of the digital worker conducting undeclared activities, the sectors where undeclared activities are more prevalent and the effectiveness of deterrent policies, data are reported from 2019 Special Eurobarometer survey covering the European Union member states and the UK. Findings: The finding is that 13% of undeclared activities are conducted on digital labour platforms. This practice is more common amongst men, those married or remarried, those living in small/middle towns, in sectors such as repairs/renovations, selling goods/services, assistance for dependant persons, gardening and help moving house. The higher the perceived sanction, the lower the likelihood of undertaking undeclared activities on digital labour platforms. Intriguing, a higher risk of detection is associated with a higher likelihood to use digital labour platform for undeclared activities. Practical implications: The attitudes toward risk can be interpreted closer to the gaming context, and not to the working environment, looking at platform workers as being involved in a state versus individual game. Policy makers should consider improving the correspondence of laws and regulations between countries and offering operational assistance for suppliers and consumers. Originality/value: This is the first paper to explore the prevalence of undeclared activities conducted on digital labour platforms and to outline the policy measures required to reduce this practice. [ABSTRACT FROM AUTHOR]

This paper examines how objectives of the European Union in the field of climate change affect the legal regulation of products and what impacts they also have on some connected issues. The current ecodesign legal regulation is based on the Ecodesign Directive and the particular requirements on products are then set in regulations following the Ecodesign Directive. The paper primarily focuses on the changes in ecodesign product regulation brought by the new Ecodesign for Sustainable Products Regulation proposal. The issue of the proposed legal regulation connected with environmental claims is also addressed in the text as it is an important complement to the sustainable products legal regulation. [ABSTRACT FROM AUTHOR]

Generative artificial intelligence (AI) systems, together with text and data mining (TDM), introduce complex challenges at the junction of data utilization and copyright laws. The inherent reliance of AI on large quantities of data, often encompassing copyrighted materials, results in multifaceted legal quandaries. Issues surface from the unfeasible task of securing permission from each copyright holder for AI training, further muddled by ambiguities in interpreting copyright laws and fair use provisions. Adding to the conundrum, the clandestine practices of data collection in proprietary AI systems obstruct copyright owners from detecting unauthorized use of their materials. The paper explores the exceptions to copyright laws for TDM in the European Union, the United Kingdom, and Japan, recognizing their crucial role in fostering AI development. The EU has a two‐pronged approach under the Directive on Copyright in the Digital Single Market, with one exception catering specifically to research organizations, and another, more generalized one, that can be restricted by rightsholders. The UK allows noncommercial TDM research without infringement but rejected a broader copyright exception due to concerns from the creative sector. Japan has the broadest TDM exception globally, permitting the nonenjoyment use of works without permission, though this can potentially overlook the rights of copyright owners. Notably, the applicability of TDM exceptions to AI‐produced copies remains unclear, creating potential legal challenges. Furthermore, an exploration of the fair use doctrine in the United States provides insight into its potential application in AI development. It focuses on the transformative aspect of usage and its impact on the original work's potential market. This exploration underscores the necessity for clear, practical guidelines. In response to these identified challenges, this paper proposes a hybrid model for TDM exceptions emerges, along with recommended specific mechanisms. The model divides exceptions into noncommercial and commercial uses, providing a nuanced solution to complex copyright issues in AI training. Recommendations incorporate mandatory exceptions for noncommercial uses, an opt‐out clause for commercial uses, enhanced transparency measures, and a searchable portal for copyright owners. In conclusion, striking a delicate equilibrium between technological progress and the incentive for creative expression is of paramount importance. These suggested solutions aim to establish a harmonious foundation that nurtures innovation and creativity while honoring creators' rights, facilitating AI development, promoting transparency, and ensuring fair compensation for creators. [ABSTRACT FROM AUTHOR]

A six-year study investigates the challenges of balancing stakeholders' interests when implementing climate adaptation regulations and makes a case for analytical tools that can improve the acceptance and adoption of local planning initiatives. In this study, the challenges of adopting European Union and Norwegian national climate adaptation regulations at a local level are examined through the analysis of the 'Fredlybekken Water Management Proposal' case study. This study includes an overview of the proposed climate adaptation project 'Fredlybekken', a site analysis, quantitative surveys, and qualitative interviews with the project's stakeholders. Reflexive thematic analysis is employed to establish themes of the project and categorically describe the feedback and objections of residents. The findings of the study set forth recommendations to improve the implementation processes of stormwater management infrastructure and other urban climatic adaptation initiatives. These findings are aimed at public policy makers and municipal administrations. The general conclusions within this paper are also relevant for egalitarian countries with similar societal challenges attempting to implement climate policy at the local level. [ABSTRACT FROM AUTHOR]

Despite the increased attention that was given to data protection laws in national jurisdictions – especially after the adoption of the General Data Protection Regulation by the European Union – international law still does not offer a higher standard of protection to the personal data of civilians in times of armed conflict, where the deletion or manipulation of personal data of the civilian population can have significant harmful effects. This article explains that at the time of the adoption of the relevant international treaties and the development of customary international law, international humanitarian law (IHL) did not protect personal data stored electronically, and even though commentators in contemporary times tend to accept the object status of electronic data, State practice still remains inconclusive, largely excluding computerized personal data from the protective regime of IHL. The article argues further that a stricter protection of personal data regulation could potentially lead to harmful effects for protected persons, such as civilians, therefore it is undesirable. The protective nature of IHL must prevail over the data protection interests. [ABSTRACT FROM AUTHOR]

Since May 2018, the global concept of personal data transfer has seen major changes, driven by the reforms of the EU’s Data Protection Legislation, when the new regime of diversified mechanisms for transfer to third countries came into effect. The article aims to give an overview of the European Union’s contemporary legal framework and the tools for international data transfer. In addition, the article will briefly present the legal provisions for personal data transfer of some other countries, constructed and further developed under the influence and inspiration of the "almost perfect" EU regulatory solution. The purpose and the main value of the paper is to demonstrate that internationally harmonized mechanisms for transfer of personal data will not hinder, but positively govern the global international exchange, development and cooperation. The value of the article is increased due to the fact that improved mechanisms for international data flow are a relative novelty, and in certain parts of the economically developed world, which will be briefly covered, are in their absolute infancy. The main hypotheses of the paper are based on the following premise: GDPR’s data transfer tools are the best mechanisms so far, which tend, with certain improvements in practical implementation, to ensure the full realization of personal data protection right, in case of data flows outside the EU borders, and the legal provisions for personal data transfer of certain foreign countries (Middle East/Gulf Cooperation Council members) are a reflection of the GDPR, thus providing the same level of personal data protection during transfer to those countries. At the same time, the rules are not an obstacle for the smooth running of international business and other types of valuable transactions. [ABSTRACT FROM AUTHOR]

This paper discusses the energy issue in the European Union and the EU's progress on energy efficiency since the Energy Efficiency related Directive of 2012 (EED): (i) The energy consumption dynamics (primary and final energy consumption), (ii) Directives and other regulations adopted by the EU's institutions between 2012-2022, for energy consumption and efficiency targets established for the entire Union and for its member states, (iii) The National Energy and Climate Plans (NECPs) corresponding to the 2020 accomplishments and the 2030 projections, (iv) The same 2030 forecasts in the long-term context of climate neutrality to be ensured up to 2050. All these will be approached below in our argumentation. Effective energy consumption data are retrieved from Eurostat and the International Energy Agency (IEA). Optimism comes up for the 2030 perspective, since the 2020 specific performances were delivered, partly despite the recent COVID-19 pandemic related circumstances of 2020. A list of possible responses to some questions will conclude this paper: 'How receptive will the member states be in the future for transposing the EU's energy efficiency ambitions into their own strategies?' and 'Will the European policies be rigorous enough, and flexible to achieve the long-term objectives?'. [ABSTRACT FROM AUTHOR]

E-government and electronic communication have been part of the Hungarian legal system for more than two decades. This paper describes the process by which these legal institutions have been shaped and developed through domestic legislation, in the context of the European Union's Information and Communications Technology and eGovernment policies. Since the Bangemann report in 1994, the European Union has given high priority to the development of e-public services and e-government, and this has placed a heavy burden on all Member States to implement the rules. In Hungary, the directed wayfinding started in the early 2000s, which, with some slowdowns, continues to this day. Two decades may not be a long time if we look at individual legal institutions, but in this case, it is a dynamic period full of paradigm shifts that justifiably deserves academic interest. In our study, we have broken down domestic regulation into six distinct periods, in parallel with EU regulation. If the application of domestic rules are taken into account and the results we have achieved in the use of e-services, it can be seen that we are still very far from even the EU average. We already have what appears to be a stable and coherent set of rules on which the environment of the e-services can be built, but we fear that this is still a very long way off. [ABSTRACT FROM AUTHOR]

How do members of regional parliaments engage in EU policymaking? This paper examines how and why members of the Walloon, Flemish and Brussels regional parliaments vary in their EU-contacting activities, by adapting a German survey. Belgium makes a relevant case, as the 'in foro interno, in foro externo' principle entitles regions to conduct foreign policy, including EU affairs in those areas they possess internal competency. Our data show that the level of EU-contacting activities of Belgian regional parliamentarians is overall low, mainly directed towards informational activities and taking place in the direct environment of the parliamentarians. The variation in EU-related activities is best explained by individual-level factors such as the perceived salience of Europe for their own careers, their perceived influence on EU policymaking and their position towards European integration. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to examine the relationship between the legal obligation of European libraries to ensure the transparent personal data processing and respect for user privacy. This paper will examine how libraries use privacy notices on websites to communicate with patrons about the processing of personal data and in what manner have libraries been guided by applicable transparency guidelines. Design/methodology/approach: The method used is the analysis of privacy policies and other privacy documents found on the websites of national libraries. The analysis sample includes documents of 45 European national libraries, 28 out of those being national libraries of European Union (EU) Member States. The elements for this analysis are derived from the mandatory elements of the General Data Protection Regulation and the recommendations of the WP29/EDPB Transparency Guidelines. Findings: The findings suggest that European national libraries largely adhere to EU data protection standards. In total, 60% libraries use a separate privacy page, and 53% of the EU Member State national libraries websites managed to comply with publishing all necessary data protection information in a way recommended by the Guidelines, compared to 47% of non-Member State national libraries. Originality/value: The research contributes to the understanding of the importance of the principle of transparency and its operationalization. [ABSTRACT FROM AUTHOR]

In 2014, the European Union adopted the Seasonal Workers Directive to achieve a twofold aim: meeting employers' demand for flexible and cheap labour and enhancing protection for third-country national (TCN) workers. Especially Article 23, the equal treatment provision, triggered a cautious optimism among scholars and trade unions, which looked at the Directive as a source of increased protection for seasonal workers. However, trade unions also pointed out the limited reach of the Directive, criticising its lack of commitment and ambition. Over the years, and especially during the Covid pandemic, it became clear that the Seasonal Workers Directive did not represent a game-changer for TCN seasonal workers, whose increased protections remained true only on paper. This contribution draws on the case of Italy during the pandemic to understand the reasons for the Directive's limited impact. The article critically examines the different political tensions underpinning the adoption of the Directive, to better understand why the Directive is not applied in practice and how it impacts the labour market and migrants' social conditions. [ABSTRACT FROM AUTHOR]

[Purpose] The purpose of this study is to investigate aspects of digital law in Ukraine and other countries of the world in the context of the right to be forgotten. [Methodology/Approach/Design] To achieve the objective, induction, deduction, and comparative analysis were used, both the proximate topics and aspects of the legal framework of different countries together with the legal information provided by online services were considered. [Findings] The study identified the main features of the right to be forgotten in different countries, the impact of the European Union Court of Justice and European Court of Human Rights on it and the little-studied intricacies of the legal aspect of this mechanism. [Practical Implications] This paper can be of interest both as introductory material and as a basis for further study because there is a growing human need to be able to control personal data in the face of the expanding phenomenon of globalization and digitalization. [ABSTRACT FROM AUTHOR]

The use of digital technologies in administrative courts uses the legal systems of the European Union and the world to strengthen the ways of protecting human rights. This paper examines certain problems of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions, risks and benefits, prospects for the use of artificial intelligence in administrative judicial procеdure, taking into account foreign experience in legal regulation in this area. The concept of "artificial intelligence" is investigated. It is emphasized that the use of artificial intelligence technologies in administrative judicial procеdure is an acceptable use only of specialized intelligent systems that can work under human control. It is stated that when considering administrative cases in an administrative court of minor complexity, it is possible to use artificial intelligence technologies, which will be able to independently generalize and analyze legislation, judicial practice and be a recommendation for a judge when making a fair and lawful decision on the principles of the rule of law. It has been established that the use of artificial intelligence technologies in administrative proceedings provides opportunities for the effective implementation of the right to judicial protection, but can be used to take actions that are contrary to the rule of law, in particular regarding the violation of the right to a fair trial in administrative cases in administrative courts. The latter requires the improvement of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure using international principles and standards. [ABSTRACT FROM AUTHOR]

Background and Objective: When examining women's economic activity, it should be emphasised that related issues are a relatively new research direction, and an understanding of the specifics of the subject seems particularly important given that the number of women starting businesses in recent decades has been characterised by a permanent upward trend. The aim of this article is to present - against the background of the literature on the subject and empirical data collected by governmental institutions operating in the European Union - the entrepreneurial activity rate of women in Poland over a ten-year period (2012-2021). Materials and Methods: The article is based on reports and working papers published by Eurostat and the Central Statistical Office (CSO). To calculate the data presented in the publication, mathematical analysis tools were used in the field of comparative research, the occurrence of trends and the indication of existing trends and noticeable increases. Results: Poland's twenty-first position compared to other EU Member States points to unlimited development opportunities and the need to support this economic space at every level of economic activity. This conclusion is reinforced by the statistics achieved by the opposite sex - men - which showed an upward trend over the period studied (2012-2021). This is also confirmed by the value of the calculated median female gross salary, which is lower by EUR 126.2 than the median male gross salary in Poland. Practical implications: A defined indicator of female entrepreneurship will allow recommendations to be tailored for state bodies and local government institutions supporting women's economic activity in Poland as well as in other EU countries with a similar economic structure. Conclusion and summary: Visible discrimination against women appears in the analysis of the average gross salary at different organisational levels in Poland, which can be used as an argument to support and create additional aid programmes to support women's economic activity. [ABSTRACT FROM AUTHOR]

The years following the financial crisis of 2008 have witnessed a revival of interest in both the Polanyian concept of 'fictitious commodities' and the Marxian concept of 'fictitious capital'. The former, with its focus on the consequences of markets for the 'fictitious commodities' of land, labour, and money, appears as a plausible explanation for our present instability along environmental, social, and economic axes. The latter, with its focus on what sets financial capitalists apart from their industrial counterparts, sheds light on what really separates Wall Street from Main Street, and what it all means for the prospects of class struggle in the 21st century. Building on a decade and a half of discourse on the role of these phenomena in financialisation, this paper explores the kinds of limits the law can place on high finance's most flagrant flights of fancy. Taking as case studies the post-crisis efforts by the European Union (EU) to intervene in two key financial markets -- private equity and securitisation -- it asks how far current regulatory frameworks go, and what more can be done to protect Europe from capitalism's excesses. [ABSTRACT FROM AUTHOR]

According to the General Data Protection Regulation (hereinafter GDPR), in each Member State of the European Union, one or more independent supervisory authorities of personal data processing must operate under conditions of full independence. Therefore, by this article we aim to achieve two main objectives. A first objective is to explain the notion of „full independence“ and the second objective is to find and analyze some of the essential elements for guaranteeing full independence. The methodology used has focused on the study of the European and national legislation (the European treaties, the GDPR, the Romanian Constitution, the Administrative Code), on the study of doctrine and on the analysis of the case law of the Court of Justice of the European Union (hereinafter CJEU) on the issue of full independence of the supervisory authorities. This paper concludes that the notion of the independence of the supervisory authorities is a fragile notion that requires the full attention of the Member States. The fundamental human rights and freedoms must survive any political movements or commercial interests. The Member States, by the national law, must ensure adequate safeguards to ensure full independence of the supervisory authorities and must establish effective rules on the sanctioning of those who infringe on their independent status. As the notion of independence is a fragile notion, in the future, the Member States' actions to safeguard the independence of the supervisory authorities must increase in direct proportion to the degree of risk of the new technologies to privacy and to the other fundamental rights and freedoms. Regarding the structure of the paper, in the Introduction, we discussed the necessity of existence of some national data protection authorities. In Section II, we briefly presented certain general considerations about supervisory authorities. In Section III, we set out certain general considerations about the legal regime of the autonomous administrative authorities in Romania. In Section IV.A we analyzed and defined the notion of „full independence“, and in Section IV.B we extracted from the legislation, doctrine and case law a part of the essential elements for guaranteeing a full independence and we briefly explained these elements. [ABSTRACT FROM AUTHOR]

Privacy and protection of personal data on the Internet have become issues of public concern in Indonesia. There is growing public distrust of institutions that manage personal data. Poor management of personal data provides a fertile ground for cybercrime and lack of accountability, especially in the context of the new digital economy. In response, the Indonesian Communication Ministry drafted the Personal Data Protection Bill, which has been submitted to the parliament. This paper analyzes the PDP Bill to determine whether it meets international data privacy standards. The EU GDPR is selected as the benchmark for assessment as it is regarded as the toughest privacy law worldwide. The study finds that Indonesian citizens do not have the same level of protection as their European counterparts. Nonetheless, the implementation of this bill when it becomes law will lead to a high level of personal data protection in the new digital economy. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho de la Seguridad Social, Laborum is the property of Ediciones Laborum S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper addresses the effects of clients' carbon risk on audit pricing. Using data from 438 EU companies for the period 2013–2019, we find a positive relationship between carbon risk (measured by the level of carbon emissions) and audit fees. Furthermore, we find that participation in the European Union's Emission Trading System, a limited market and regulation scheme to mitigate special industries' Greenhouse Gas emissions, strengthens the positive relationship between carbon risk and audit fees. Insights from additional tests indicate that auditors price carbon risk particularly for large clients that are under greater public scrutiny and that the increase in fees rather stems from a risk premium charged by the auditor than higher audit effort. With interest in climate change developing rapidly across society, practice and research combined with the increasing importance of reducing carbon risk, our findings are timely and should thus appeal to a wide variety of recipients. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Law & Justice Review is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The digital transformation of the global economy and society has accelerated after the Covid-19 pandemic. The European Union (EU), compared to China and the United States, is losing its capacity for innovation and control over data and fundamental raw materials and could even lose ground in the regulatory power it has in the digital realm. This paper pays special attention to the situation and progress toward a new European policy to achieve digital strategic autonomy. It also briefly outlines the Recovery Plan for Europe as a possible incentive for its promotion. Both descriptive and analytical methods were employed to gather the data from secondary sources and provide reliable research results. The major findings of this article are that strategic autonomy is an imperative requirement for sustaining and encouraging European integration, forcing the EU to advance faster toward developing critical digital technologies. There is also an urgent need to secure critical parts of supply chains and data protection, intellectual property, and defense against disinformation. Finally, the European Union must improve its resilience to face new crises and lead the digitalization of its economy. [ABSTRACT FROM AUTHOR]

The development of information technology, along with the high growth and diversification of consumer needs, has revolutionized the way in which business-to-consumer transactions occur. All this progress was boosted by the COVID-19 pandemic period in a different manner in each EU country, depending on different local aspects. The main goal of this paper is to determine the key characteristics of e-commerce in European Union countries in a pandemic context, based on Eurostat Digital Economy data for 2019–2020. Therefore, for an easier visualization, based on PCA, using 27 analyzed variables, new unique dimensions were revealed: 1. heavy online purchasers, 2. triggers for embracing digital purchasing, 3. perceived barriers against buying online (privacy concerns, security, or not having a card), 4. dynamics of online interaction with public authorities, and 5. enterprise online sharing. Moreover, clustering techniques set four groups of countries with different online commerce patterns that might require attention, according to their specificities, both from a government level and from a business perspective. Special attention is paid to Romania, which has one of the biggest e-commerce industries in Southeastern Europe, but with the share of e-commerce in total retail still quite low, despite this great increase. The models of other countries could be important in helping Romania to catch up with the most successful economies in terms of e-commerce. [ABSTRACT FROM AUTHOR]

The focus of the present contribution is the role of European Union (EU) law in shaping the working conditions of four groups of vulnerable workers. It assesses to what extent the impact of EU law favours, on these particular groups, an increased risk of In-Work Poverty (IWP) and explores whether the recent attention to IWP at EU level and the latest initiatives adopted may change the picture in the near future. The purpose is, therefore, to contribute to the debate on the role of EU law and policy in structuring vulnerability from the perspective of IWP. What is commonly known as EU labour law is a fragmentary legal corpus that has grown in a rather patchwork fashion as part of a social dimension of the European project that was, broadly speaking, functional to the logic of market integration. This originates in the early division of competences between the EU and the Member States in the Treaty of Rome, which left labour law and social protection outside the EU sphere of action. It partly explains why the protection of workers, particularly those that do not engage in cross-border situations, does not seem to be the EU's primary goal, or at least it is not formulated as contrary to other potentially clashing rationales such as market integration, flexibility, enhanced competitiveness and so on. The prevention of IWP was not, in any case, one of the concerns of the original European project. Yet, EU law has produced several pieces of legislation that directly or indirectly contribute to shaping the working conditions of European workers, including those more exposed to IWP. The paper assesses the relevant EU legal framework and discusses its impact on the working conditions of those more at risk of IWP. It concludes by estimating the potential of a series of recent initiatives to enhance the protection of the most vulnerable workers, thus making a positive change. [ABSTRACT FROM AUTHOR]

Copyright of Contexto Internacional is the property of Pontificia Universidade Catolica do Rio de Janeiro, Instituto de Relacoes Internacionais and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Latin American Law Review is the property of Universidad de los Andes and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Regulatory data protection is mandated in the Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) for two kinds of goods: medicinal products and plant protection products (PPP). In the European Union (EU), the level of their protection has been set far beyond the minimum TRIPS standards and the adopted model of protection has been, for the most part, based on temporary exclusivity. Innovative plant protection products benefit from data exclusivity combined with a compulsory data sharing regime. Data exclusivity refers to products being authorised for the first time for the market of the EU on the grounds of a complete authorisation procedure, based on submission of a full data dossier. Within the period of exclusivity, these data may not be referred to in the authorisation procedure of a generic product—an equivalent to the reference one. In this way, data exclusivity creates a period of factual monopoly for the innovative products and constitutes a sui generis intellectual property right. This paper presents the regime of regulatory data protection in the European Union law as an instrument of legal protection for innovative products in the agrochemical industry. It first analyzes the purpose and functions of regulatory data protection in EU law and in the TRIPS Agreement. Then, the rules of protection by means of data exclusivity and compulsory data sharing are examined. This allows for further considerations on the role of regulatory data protection and compulsory sharing of data in the overall legal protection for innovative products in the agrochemical industry. In view of the above, this chapter discusses both the instruments of protection for PPP regulatory data and poses several questions concerning their rules, practical meaning and possible future modifications. In particular, it is considered whether data exclusivity is the optimal regime of protection for registration data and recommend that a data sharing approach could be used instead of the data exclusivity rule, as is the case with compulsory vertebrate data sharing, to the benefit of the industry and public interest. This chapter allows for evaluation and assessment of the economic and social value of data exclusivity in said areas for fostering primary and secondary innovation, while acknowledging other vital interests such as protection of public interest and safeguarding competition in the relevant markets. Finally, this chapter maps challenges of the current model of protection and indicates areas for further consideration in both creating a coherent and balanced framework of PPP data protection and the possible extrapolation of the data sharing rules to systems of data protection for other life science products. [ABSTRACT FROM AUTHOR]

The existence of standard essential patents (SEPs)—and the associated litigation—has potentially disruptive consequences for the manufacture, marketing and distribution of complex products that incorporate many patented standards, for example, information and communication technology (ICT) products such as smartphones that incorporate a camera, video, web browser, wireless communications, text messaging, and so on, as well as an increasing number of 'connected' Internet of Things products such as wearable devices and 'smart home' devices. Indeed, SEP owners may use the patent enforcement system to prevent implementers of these technologies from bringing to market competing products that use the same standards. As is known, this raises concerns about competition in the market and the need to maintain interoperability to ensure the development of the ICT industry. One of the legal tools which can be used by implementers to (try to) neutralise SEP holders' anticompetitive behaviours is the 'antisuit injunction' (ASI). ASIs are not uncommon in common law jurisdictions while they are foreign to civil law countries within the European Union (EU). ASIs are particularly useful to SEP implementers when patent holders disrespect their commitment to license their patents on a FRAND basis. For example, a judge who is in the process of assessing whether the SEP owner complies with FRAND terms may at the same time grant an ASI to stop the patentee taking patent infringement actions in other jurisdictions until the FRAND litigation has been concluded. In February 2022, the EU filed a complaint at the World Trade Organization (WTO), arguing that China's use of ASIs prevents EU‐based companies from properly protecting their SEPs. Indeed, ASIs have recently been granted in several Chinese disputes, including in Huawei v Conversant and Xiaomi v. InterDigital. More specifically, China's Supreme People's Court held that Chinese courts can use ASIs to prevent SEP owners from filing disputes in any foreign courts to enforce their patents; and that anyone who does not comply with the injunction should be fined €130,000 per day. In the WTO case the EU notes that such a case law jeopardises innovation and growth in Europe, 'effectively depriving European technology companies of the possibility to exercise and enforce the rights that give them a technological edge'. From a legal perspective, according to the EU, China's conduct is in violation of various Trade‐Related Aspects of Intellectual Property Rights (TRIPS) provisions, including Article 28 which grants exclusive rights to patent owners. The paper focuses on this EU–China WTO/TRIPS dispute and more generally, on the relevance of ASIs within SEP cases. [ABSTRACT FROM AUTHOR]

This paper provides initial observations on the inclusion of scientific research data in the scope of the EU Public Sector Information Directive of 2019, Directive (EU) 2019/1024, also known as the Open Data Directive, related rules for the re-use of such data enshrined in Art 10, and the implementation in Italy with the decreto legislativo 8 November 2021 no 200. The work seeks to examine how the EU Public Sector Information rules on research data - and, to a lesser extent, data from cultural establishments - may contribute to the objectives of Open Knowledge, elected as an umbrella term with primary reference to Open Access, Open Science, and Open Data, given the difficulties of identifying exhaustive conceptual contours for them. In order to do so, the paper critically examines the exemptions and safeguards related to Intellectual Property and Personal Data protection and identifies the circumstances under which these may obstruct the re-use of research data. [ABSTRACT FROM AUTHOR]

Purpose: The primary objective of the present research is to identify the basic tools and restrictions concerning the protection of privacy and personal data in the EU and China as two fundamentally different cultural systems. Based on the socio-cultural analysis of backgrounds, trends and expert assessments, the research aims to examine whether privacy protection standards, such as those provided by the GDPR in the EU, are sufficiently robust to endure the digital age. Two different cultural frameworks have been analysed in order to understand their influence on practical behaviours regarding the democratic safeguards in privacy rights enforcement in the EU compared with China. This is accomplished by comparing social control in the EU and the social credit system in China. Design/Methodology/Approach: Considering the administrative context, a combined qualitative approach is applied, including normative and dogmatic methods, literature analysis, sociological and historical methods, expert interviews, and comparative and axiological methods. Findings: The results of both theoretical and empirical parts of the research suggest that the stricter regulation in the EU compared to China -- in the sense of more consistent protection of privacy and personal data as well as transparency rights -- can be attributed to its democratic protection of human rights and more definitive regulations, particularly the GDPR. These major differences seem to create an even deeper gap in the future, to be explored scientifically and in practice. The authors conclude that authorities must actively guarantee the rights related to privacy and personal data protection, or else effective governance will lead to a surveillance society and erosion of individuals' freedom as a valuable civilizational asset. Academic contribution to the field: The research contributes to administrative science by addressing one of the key concepts of modern public governance, namely the collision between the principles of effectiveness and transparency on the one hand and privacy on the other. The use of scientific methods paves the way for further comparisons. Practical Implications: The article provides a concise overview of the relevant literature and an analysis of the rules that underpin the implementation, evaluation and improvement of regulations, especially in the light of ICT development, e.g. in times of the Covid-19 pandemic. Originality/Value: The paper bridges the gap created by the differences in the understanding of privacy and public governance in the field in the EU and China based on cultural differences. The usual general or merely law- or technology-based analyses are upgraded with a combination of various research methods. [ABSTRACT FROM AUTHOR]

This paper identifies an innovative mechanism of how the EU's internal policies could lead to policy adaptations within international institutions. Having authority over the single market, the EU regulates important market actors whose behaviour is oftentimes crucial for the effectiveness of global cooperation projects. By intentionally or unintentionally creating a vertical regulatory conflict with an international institution, the EU might influence the behaviour of European market actors in a way that it undermines the effectiveness of the international institution. To preserve its effectiveness, the external institution is forced to adapt towards European internal policies to dissolve conflict and to enable mutual compliance for European market actors. The potential of the mechanism is explored in two cases: The EU's externalisation of data protection to the Internet Corporation for Assigned Names and Numbers (ICANN) and the externalisation of European fundamental rights to the UN Security Council. The process tracing finds that the EU is able to carve out authority from international institutions under specific conditions. [ABSTRACT FROM AUTHOR]

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

General Data Protection Regulation (GDPR)—the European Union's data protection regulation—has two key principles. It recognizes that individuals own and control their personal (but not contractual) data in perpetuity, leading to three critical privacy rights, namely, the rights to (i) explicit consent (data opt-in), (ii) to be forgotten (data erasure), and (iii) portability (data transfer). It also includes data security mandates against privacy breaches through unauthorized access. We study GDPR's equilibrium impact by including these features in a dynamic two-period model of forward-looking firms and consumers. Firms collect consumer data for personalization and price discrimination. Consumers trade off gains from personalization relative to potential losses from privacy breaches and price discrimination in their purchase, data opt-in, erasure, and transfer decisions. Though data security mandates impose fines on firms for privacy breaches, firms can benefit from higher opt-in given lower breach risk. Surprisingly, data security mandates can hurt consumers. The effect of privacy rights is nuanced. Since the right to opt in separates goods exchange from the provision of personal data, it prevents market failure under high breach risk. But it also reduces consumer opt-in and personal data availability. Erasure and portability rights reduce consumers' hold-up concerns by disciplining firms to provide ongoing value by limiting price discrimination and not slacking off on data security; but they also reduce the incentive to offer lower initial prices that encourages opt-in. Overall, privacy rights always benefit consumers in competitive markets, but they can surprisingly hurt consumers under monopoly, as monopolists have less incentives to subsidize consumer opt-in. They raise (reduce) firm profit and social welfare when breach risk is high (low). Finally, privacy rights increase firm profit most at moderate levels of data transferability. This paper was accepted by Dmitri Kuksov, marketing. Funding: T. T. Ke acknowledges financial support from the General Research Fund of the Hong Kong Research Grants Council [Grant 14500421]. Supplemental Material: The e-companion is available at https://doi.org/10.1287/mnsc.2022.4614. [ABSTRACT FROM AUTHOR]

Considering that the base erosion and the profit shifting practiced by multinationals could deprive governments of their fair share in taxes and, as a consequence of the financial resources needed to achieve the sustainable development goals ('SDGs'), governments have started to be interested in the implementation of transfer pricing regulations. The objective of the paper is to analyze the transfer pricing regulations and practices adopted by the EU countries that record a good progress in terms of SDGs vs. EU countries that record a moderate progress in this respect. The results of the study show that the strictness of the transfer pricing system influences the progress regarding the achievement of the SDGs. More exactly, the countries which record a good progress in achieving SDGs have, in general, a stricter transfer pricing system. In order to increase the strictness of the transfer pricing system and the progress in terms of SDGs, countries could implement regulation which envisage: the preparation of an annual transfer pricing documentation; the preparation of a documentation on three levels according to BEPS 13; the adoption of certain measures in order to increase the number of APAs, MAPs and transfer pricing audits; imposing of penalties. [ABSTRACT FROM AUTHOR]

This paper aims to analyze the process of digital transformation of public administration in Romania and the European Union, in the current legislative and institutional context. The reform of public administration, in the context of the digitization of the public sector, is focused on simplifying procedures and bureaucratic burdens for individuals and legal entities, increasing the efficiency and effectiveness of the administrative act, and ensuring accessibility and transparency of data use by public authorities and institutions. At the same time, this study also deals with issues related to eGovernment, cybersecurity, and the security of personal data of users of platforms and information systems. [ABSTRACT FROM AUTHOR]

This paper concerns the future - a scenario that is not so distant in time, as the future starts today. With the increasing datafication of our society and the approval of the European Union Data Governance Act that establishes conditions and safeguards to encourage the free flow and reuse of data for scientific, economic and societal progress, we are left wondering whether the existing challenges surrounding personal data management will be solved by then - or whether they will only be exacerbated. This sci-fi short story depicts a future where individuals, since a young age, question whether they still retain agency over their lives and their destinies, given that data-hungry personalized services surveil them extensively and steer their personal development. Returning to science fiction narratives to explore a societal issue at the edge of technology and law has a threefold purpose, in: (1) developing critical skills and exploring future consequences safely through the imagination; (2) fostering foresight and proactivity in policy-making; and (3) democratizing the debate about technological developments that concern us all. If this story depicts a desirable or undesirable future is left to the readers to assess. [ABSTRACT FROM AUTHOR]

This article explores the capacity of the European Union (EU) to achieve its ambition to "become the world-leading region on developing and deploying cutting-edge, ethical and secure AI (European Commission. "Coordinated Plan on Artificial Intelligence 2021 Review", 56.)" and secondarily considers the implications of this quest within the context of transatlantic relations. Mapping the EU's current technological and commercial competitiveness in the AI field vis-à-vis China and the USA, we contest the conventional depiction of the EU as a laggard offering a more nuanced view challenging this characterization on empirical and normative grounds. Analysing the extent to which the EU's market and regulatory power—the so-called Brussels effect—sufficiently equips the EU to defend "ethical and secure" AI globally, we argue that regardless of US support or transatlantic convergence in the AI policy space, the EU's efforts represent the last, best hope for a fairer, more secure and open world order in the data-driven, digital era. [ABSTRACT FROM AUTHOR]

The EU institutions - led by the Commission, Parliament and European Council, along with the Council of the EU - are determined to make this the union's "digital decade". It is time for Europe to consolidate its digital development and set rules in line with its moral and cultural principles, instead of following those of external actors like China and the United States, as well as focussing on data, technology and infrastructure. This paper examines the EU's digital development from the perspectives and positions of the abovementioned institutions, which show divergences, albeit within a common framework. Based on three theoretical currents (neofunctionalism, federalism and intergovernmentalism), it applies a critical perspective to analyse the impact (positive and/or negative) on European citizens of the institutions' actions in this field. [ABSTRACT FROM AUTHOR]

Palm oil is produced on plantations primarily in Indonesia and Malaysia, which, historically, have been responsible for significant tropical deforestation and ecosystem loss. Driven by a shift away from hydrogenated vegetable oils and its high productivity, palm oil is now part of more than half of all packaged consumer products. Given its centrality across many supply chains, certification schemes have sought to improve environmental sustainability in the palm oil industry. Increasingly, there is an intersection between certification schemes and regulatory drivers. The recent 2023 European Union regulation on deforestation-free products has implications for palm oil and many other forest products. Environmental certification schemes, such as the one developed by the Roundtable on Sustainable Palm Oil, have the potential to play a critical role in the implementation of this recent policy for palm oil and can serve as model for many other commodities subject to the new Directive. [ABSTRACT FROM AUTHOR]

The term 'digitalization' of public administration, used as a synonym for 'e-government,' fi rst implies the implementation of fast, secure procedures by an administrative body. E-governance, or as it is more recently termed, digital governance, involves the introduction of innovations and technologies in public governance/administration. It can be argued that the digitalization of public administration against the background of contemporary social challenges may be the key of opportunities for both the state and members of the society. Despite its certain conditionality, the electronic governance index (since 2003, the United Nations has issued a comparative index of countries' e-governance every two years, based on three main indicators) profi ciently reflects the dynamics of countries' efforts in introducing innovations in public administration and involving citizens in the process of e-services, which ultimately contributes to bringing citizens closer to modern digital administration. The article refers to the legal aspects of using digital means in e-government on the example of Georgia. The reform of public administration in Georgia started in 2015, after the Association Agreement was signed between Georgia and the European Union. Georgia has already fulfi lled several commitments in the framework of this program in terms of striving for more transparent governance, but despite this, the mentioned reform faces challenges on this path. The article examines aspects of e-government such as e-services, e-participation, personal data protection, and the impact of e-government implementation on the efficiency of public administration. Since the mentioned issue is complex in nature and extends in several directions, the article discusses the regulation of electronic administrative proceedings and the effectiveness of its use in the process of implementing public administration, stages of modernization of state governance, types of electronic proceedings, possibilities of legitimate governance from the administrative body, and prospects for its implementation on the example of Georgia. [ABSTRACT FROM AUTHOR]

Copyright of Revista Derechos y Libertades is the property of Dykinson SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Personal data are new assets in the digital economy. While personal data are protected by GDPR in the European Union, its economic value is not protected. Unless, the economic value of personal data is addressed in legal systems of Member states, the interests of people are not fully covered. The article aims to fill the vacuum by introducing new property right to data, the dualistic data property rights. The dualistic data property right is conceptually inspired by Copyright. The article proposes the character and content of the right that is in line with existing legal system and GDPR as well. The authors embark on analyses of all aspect of the dualistic property right and its benefits for the digital economy. [ABSTRACT FROM AUTHOR]

This article extends property-owning democracy to the digital realm and introduces "data-owning democracy," a new political economic regime characterized by the wide distribution of data as capital among citizens. Drawing on republican theory and acknowledging data's unique role in the digital economy, it proposes a two-tier model that combines different modes of data ownership and corresponding rights. The first layer of "data-owning democracy" is characterized by a digital public infrastructure that enables citizens to collectively generate data and have a say in how their citizen data are used. In the second layer, individuals automatically receive machine-readable copies of their data whenever they are generated—a slightly more advanced form of the European Union's existing right to data portability (Art. 20). With its focus on empowerment, data-owning democracy is designed to be complementary to existing data protection regulations. It also illustrates how political theory more broadly, and republican theory specifically, can be instructive for specifying the normative components of a new political economy dealing with questions of empowerment and digital rights. [ABSTRACT FROM AUTHOR]

Background: In the European Union, the General Data Protection Regulation (GDPR) plays a central role in the complex health research legal framework. It aims to protect the fundamental right to the protection of individuals' personal data, while allowing the free movement of such data. However, it has been criticized for challenging the conduct of research. Existing scholarship has paid little attention to the experiences and views of the patient community. The aim of the study was to investigate 1) the awareness and knowledge of patients, carers, and members of patient organizations about the General Data Protection Regulation, 2) their experience with exercising data subject rights, and 3) their understanding of the notion of "data control" and preferences towards various data control tools. Methods: An online survey was disseminated between December 2022 and March 2023. Quantitative data was analyzed descriptively and inferentially. Answers to open-ended questions were analyzed using the thematic analysis method. Results: In total, 220 individuals from 28 European countries participated. The majority were patients (77%). Most participants had previously heard about the GDPR (90%) but had not exercised any of their data subject rights. Individual data control tools appeared to be marginally more important than collective tools. The willingness of participants to share personal data with data altruism organizations increased if patient representatives would be involved in the decision-making processes of such organizations. Conclusion: The results highlighted the importance of providing in-depth education about data protection. Although participants showed a slight preference towards individual control tools, the reflection based on existing scholarship identified that individual control holds risks that could be mitigated through carefully operationalized collective tools. The discussion of results was used to provide a critical view into the proposed European Health Data Space, which has yet to find a productive balance between individual control and allowing the reuse of personal data for research. [ABSTRACT FROM AUTHOR]